David Charles Carpenter, 41, who twice was sentenced...

David Charles Carpenter, 41, who twice was sentenced to death will now remain in prison for life without parole. Pinellas-Pasco Circuit Judge Dee Anna Farnell issued an order explaining why she overrode a jury's recommendation that he die for the Nov. 23, 1994 strangulation of Ann Powell, 63. Judge Dee Anna Farnell sentenced Carpenter to life, in part, because she didn't think prosecutors proved Carpenter was more responsible for the killing than a friend who also participated. That friend, Neilan Pailing, is serving a 25-year prison sentence after he previously pleaded guilty to a 2nd-degree murder charge. Farnell also noted the "underwhelming" death recommendation by the jury, which split 7-5 in favor of death after his trial ended in March. A jury first convicted Carpenter of 1st-degree murder in 1996 and then recommended 7-5 that a judge impose the death penalty. Judge Tim Peters followed the recommendation. But there was a flaw in the 1st jury's instructions, so Peters set aside his own death sentence and ordered a 2nd jury empaneled to reconsider the sentencing recommendation. That 2nd jury recommended by a 10-2 vote that Peters impose the death penalty, which he did. Then, in 2001, the Florida Supreme Court overturned the conviction and ordered a second trial. The court said jurors were improperly prevented at the first trial of hearing testimony from 2 informants.(see also July 1, 2002 and March 13, 2003).